Mary Eveangilin v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.KESHAVA RAO CRIMINAL REVISION CASE No.1915 OF 2018 ORDER:

This Criminal Revision Case is filed questioning the orders passed in Crl.M.P.No.109 of 2018 in S.C.P.C.S. No.19 of 2017 dated 08.06.2018 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, dismissing the petition filed under Section 227 of Cr.P.C. to discharge the petitioner from the charges levelled against him.

Heard the learned counsel for the petitioner as well as the Public Prosecutor appearing for the respondent-State. The facts, in brief, are that on the complaint lodged by the mother of the victim i.e. L.W.1, a crime was registered vide F.I.R.No.313 of 2016 on the file of Musheerabad Police Station for the offences under Section 5 r/w Section 6 of Protection of Children from the Sexual Offences Act, 2012. Pursuant to the registration of the said crime, investigation was conducted and a charge sheet was filed. The Court below has taken cognizance of the offence and registered the same as SC PCS No.19 of 2017. During the pendency of the said Sessions Case, the petitioner herein filed a petition vide Crl.M.P.No.109 of 2018 under Section 227 of Cr.P.C. to discharge her from the charged offences.

The Court below, after hearing the petitioner and learned Assistant Public Prosecutor, dismissed the petition by orders dated 08.06.2018. Aggrieved by the same, the present revision is filed.

for the offences as alleged against the petitioner. He also submitted that there are several disputes between the parties, which culminated in filing of the present false complaint implicating the petitioner for the said offences. Per contra, the learned Public Prosecutor appearing for the respondent-State submitted that the allegation made against the petitioner herein is a serious offence under the provisions of Protection of Children from the Sexual Offences Act, 2012 and opposed the relief sought for in the revision. Having heard both the counsel and a perusal of record on record particularly, the complaint as well as the charge sheet, specific allegation is made against the petitioner with reference to taking the L.W.2 to the first floor and abusing her.

In the light of the same, this Court is not inclined to interfere with the proceedings at this stage. Though the learned counsel has brought to the notice of this Court that the present complaint is only the result of the civil disputes pending between the parties, the said aspect cannot be appreciated by this Court in the present Criminal Revision Case.

There are no merits in the Criminal Revision Case and the same is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand closed.

___________________ P.KESHAVA RAO,J 20th JULY 2018.

Tsr